HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10383 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant learned Additional Government Advocate (First); and learned counsel for the complainant; and perused the record. By means of the present application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the applicant has sought bail in Case Crime No. 97 of 2025, under Sections 191(2), 191(3), 190, 109, 324(4), 115(2) BNSS, Police Station Karnailganj, District Gonda. On 08.04.2025 at 19:47 hours, an FIR was lodged against the applicant along with five named and three unknown persons, wherein the complainant stated that on the said date at about 05:30 p.m., the complainant’s brother was returning home by car when the accused persons, who were lying in wait, attacked his vehicle. They pulled him out and assaulted him with iron rods, axes, and sticks, causing serious injuries to his head, hands, and legs. The accused persons also damaged the car and took away the victim’s purse, chain, and watch. The injured was taken to the Community Health Centre, where after receiving first aid, he was referred to the District Hospital, Gonda. As per the injury report, a lacerated wound was found on the back of the head; swelling was observed on the chest, left shoulder, and right side of the forehead; the nail of one finger of the right hand was half missing; a Versus Counsel for Applicant(s) : Purnendu Chakravarty Counsel for Opposite Party(s) : G.A. Vinod Kumar Mishra @ Bablu .....Applicant(s) State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) lacerated wound was present on the right knee; and swelling was noticed on the left elbow. Learned counsel for the applicant submits that the co-accused Rajesh Kumar Mishra who was assigned the similar role has been enlarged on bail by this Court vide order dated 29.10.2025 passed in criminal misc. bail application No. 8644 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused. In paragraph no. 16 of the bail application, the applicant has disclosed details of his criminal history. During investigation, no fact has emerged to indicate that any of the injuries sustained were of a grievous nature. In his statement given to the Investigating Officer, the injured person supported the contents of the FIR but also stated that two persons, Armaan Ahmad and Sonu Prajapati, had come ahead of him on a motorcycle, and thereafter the other accused persons stopped him by placing their four- wheeler in front of his car, assaulted him, and damaged the vehicle. Learned Additional Government Advocate (First) opposed the bail application and submitted that the allegations made against the applicant have been found substantiated during investigation, the charge sheet has already been filed on 04.06.2025, and therefore the applicant is not entitled to bail. Learned counsel for the complainant opposed the bail application, stating that the applicant was referred from the Community Health Centre to the District Hospital, where he remained admitted from 08.04.2025 to 12.04.2025, and thereafter was treated at Medanta Hospital, Lucknow from 12.04.2025 to 14.04.2025. Complications arose in his lungs due to the injuries. On 15.04.2025, the victim was again admitted to Medanta Hospital, where he remained under treatment till 21.04.2025, as lung complications had developed due to the inflicted injuries. Considering the aforesaid facts, though the offence is alleged to have been committed by five named and three unknown persons, the injured sustained BAIL No. 10383 of 2025 2 seven injuries, all of which are simple in nature; the co-accused has been granted bail the victim is a 20-year-old youth; the applicant has been in judicial custody since 10.04.2025; investigation has been completed; and the charge sheet has been filed against the applicant, this Court is of the opinion that the applicant is entitled to be released on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned / Magistrate, subject to the following conditions: (i) The applicant shall not tamper with the prosecution evidence; (ii) The applicant shall not pressurize the prosecution witnesses; (iii) The applicant shall appear before the trial court on each date fixed. November 6, 2025 R.C. BAIL No. 10383 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench